and helping this casino is because he's working for other casinos and racetracks, too. it's been a bumpy road for the casino matrix. a lawsuit filed this afternoon, in federal court in san jose, spells out the casino's alleges. it alleges that richard tang does do casino work for indian casino, commercial casinos and racetracks. >> it's really hard to know and to discern who your master is. if it's san jose or the tribal casinos. it names san jose, the division of gaming and mr. tang. it alleges to be unreasonable and malicious conduct. i asked the casino representative what it wants to

come from the lawsuit. >> they may mean they want to change the structure of the division. whether mr. tang wants to work for the city or forconsultants. >> we tried to get ahold of mr. tang this evening. we got ahold of city officials. but they hadn't seen the lawsuit. this is at least the third lawsuit against the city. and they're hoping the third time is a charm. live in san jose, terry mcsweeney. now, to a developing story. north korea confirming it did conduct a third nuclear test. this is according to the news service. they detected a seismic activity at the same location where north korea conducted tests in 2006 and 2009. the seismic activity was only a kilometer underground, an indication consistent with a nuclear blast. the test was far larger than the

previous two conducted by the north. we'll continue to follow this developing story. it is early tuesday morning in rome. and the catholic church is waking up to a bold, new chapter. the vatican had to work quickly to publish a special edition of its newspaper today. there's more than 1 billion catholics around the world. here's that newspaper. and many of them were shocked by pope benedict's announcement that he will resign at the end of this month. we'll hear from catholic leaders and get valuable insight about picking the next pontiff. kimberly? >> reporter: local catholic church leaders say the position is physically and mentally demanding. the pope is expected to travel and make many more public appearances. and it's likely these factors will be considered when choosing the successor. the archbishops of san francisco and oakland have both spent time with the pope within the last year. >> he was certainly very mentally alert and inquisitive and engaging in conversation.

but he seemed to be physically baring the burdens of the office. >> reporter: february 28th will be his final day as head of the catholic church. the cardinals of the world will meet in rome to choose a new pontiff. >> the holy father himself, pope benedict, will not take part in the conclave. he will have neither voice nor vote. >> there's 118 cardinals under age 80 who are eligible to vote. those over 80 years old will be there, but only as part of the preparatory session to discuss a possible successor and needs of the church. >> after that, the cardinals will go into conclave. and they will not leave until they choose a successor. >> reporter: among those sequestered will be former archbishop of san francisco, william leveda.

>> if it's black smoke, no one's been elected. white smoke, that means a pope has been elected. any baptized roman catholic man is eligible to become pope. but only cardinals have been elected since 1978. >> 1.2 billion catholics in the world. there's a lot of different cultures and variety of different needs in different parts of the world. i hope they will and i'm sure they pick someone that has the world vision. that's very important. >> reporter: the pope's announcement comes just two days before lent. but the archbishops have high hopes that a new pope will be chosen by easter. >> who will be the next pope? among the names, cardinal peter turkson and francis arinze. if selected, either would become

the first black pope in history. also believed to be on the list, marc oulett from canada. after the pope resigned, a bold of lightning apparently struck down on the dome of st. peters basilica. to hear from the archbishop of san francisco, we posted his interview on our home page. new at 11:00, fired up over firearms. for the second time in two weeks, hundreds jammed a los gatos council meeting. they needed armed cops standing by. the store has been mired in controversy since it opened its doors. now, the owner is getting death threats. george kiriyama was at tonight's meeting. >> reporter: we saw a packed meeting and a few officers after security was ramped up, after a threat was made to one of the

owners. one of the owners of the templar sports gun shop had a death threat at his home last week. >> we asked for it. we suggested it. i'm happy to see there was extra security. >> reporter: chang sat in the audience next to his attorney. he did not say a word. but many did. >> there are plenty of places to purchase a weapon. the question is, why do we need to be one of those places? >> i think they're running a good shop. and i don't think they intend to hurt anybody in los gatos. >> reporter: the town council discussed passing a moratorium. chang's attorney is okay with that. >> as long as they leave them alone. my client complied with all state, local and federal laws to get the license to open their store. >> reporter: his client has complied with all state and federal laws. >> the best public policy, if you want to monitor how firearms

exist in your community is to welcome a gun store in your community so that your police chief can monitor them. so you can keep an eye on them. >> reporter: and the los gatos town council will discuss a possible moratorium at their march 4th meeting. santa clara county sheriffs are stepping up their efforts to get guns off the streets. their target was the alum rock area. the gun owners will be asked to surrender firearms. >> there's been obviously a nationwide focus on this type of issue. there's a lot of local concern. and the board of supervisors is really pushing these operations. we want to do what we can to be more compliant and get the guns off the streets. >> this is just the beginning of similar sweeps across the county. the state attorney general's office provides local authorities with a list of people who are banned from

having firearms. jobs are expected to be the main topic in tomorrow's state of the union address. experts say president obama is likely to lay out proposals to create more jobs. but gun control is sure to be tested by the president, as well. a survivor of the sandy hook shootings will be in the gallery, along with gun rights advocates. apple ceo, tim cook, will be next to mrs. obama during the address. you can watch the state of the union address, right here on nbc bay area tomorrow. it will be at 6:00. it will follow nbc bay area news at 5:00. we'll have expert analysis on the speech, at 11:00. he's an armed guard of sorts. an alligator uncovered inside a bay area home. that's not all a couple was hiding inside. it's really a question of accountability.

right now, the system doesn't provide accountability for the folks who are the bad actors. >> the investigator unit exposed an inspection system that keeps health violations a secret from you. a new fight to make sure you know what's going on inside your favorite eatery. he went underground or under water. a possible explanation in chris dorner's escape.

the desperate search continues. tips are pouring in after a billboard went up in river side, offering a $1 million reward to find former lapd officer chris dorner. he's accused of killing three

people in revenge from his firing from the department five years ago. here's one of the billboards in southern california. he's been on the run for almost a week. u.s. marshals say he might now be in mexico. the website tmz is reporting to have video that appears to have dorner buying scuba gear. police are releasing details of a drug bust at a fair field home that led them to an unusual find. police found a baby alligator when they searched the home of a fair field couple accused of selling pot. they found marijuana, weapons and about $29,000 in cash. they were booked on weapons charges. the gator was turned over to the humane society. he had a bright future. but tonight, a 20-year-old college student is dead and trying to figure out why. brandon wong was found unresponsive outside of his dorm

on saturday night. he was pronounced dead at the hospital. his friend says that he attended a large house party that night. so far, the police don't suspect foul play. but they're trying to figure out what happened to him. he was studying biology at cal polly. it's a tough lesson for the cal unified school district. an investigation found the district violated the civil rights of a special needs student. the middle school student was being teased by others. called stupid and slow. and felt physically in danger. when the family repeatedly complained to the district, the feds say the district did not respond appropriately or effectively. a thorough investigation of the incident was never done. and the bullies never faced disciplinary action. experts say this is a reminder for parents to be persistent. >> the bully is usually not going to go away. it would be great, if it did. but if it doesn't, you need to make sure that somebody in the chain of command is going to

make some changes. is going to take it seriously. >> as a result of the investigation, principals and teachers in palo alto, now, must take special training to help them recognize disability-based harassment. disappointing and useless. that's how one santa clara county supervisor is describing the restaurant inspection system in santa clara county. last week, we exposed it's falling short. now, the county is making changes. and a local leader is calling for more to be done. investigative reporter jenna joins us with the developments. >> santa clara county doesn't grade restaurants. you have no idea how clean the kitchen in. and restaurants have no incentive to fix the problem. it's a measure that needs to be taken seriously. now, calling for more accountability. from palo alto to gilroy.

you never know just how the kitchen at your favorite silicon valley diner fared on inspections because the county doesn't grade them. >> a, b, c would be good. >> we've never had that. >> reporter: doesn't post the inspections online. >> i would like to know if there's rats in the kitchen. >> reporter: and doesn't require restaurants to post any information on-site. >> it's a disappointment to me. that's the supervisor's opinion of the system. >> it's a question of accountability. right now, the system doesn't provide accountability for the folks who are the bad actors. >> we found plenty of them last week. when we revealed the only law that holds restaurants accountable is being ignored in santa clara county. if you ask to see the latest inspection report, employees have to show it. but nine of the ten restaurants we went to -- >> we don't share our inspections to our customers. >> reporter: wouldn't. >> you have your inspection report? >> reporter: like this kfc in campbell. >> the manager isn't here right

now. >> you don't have it? >> i don't know where it is. >> reporter: and yummy buffet in san jose. >> better to home cook yourself. >> reporter: the county does have an online system. but we found it's vague. confusing, and only gives categories of violations, not details. take this wendy's in san jose. it just lists enforcement actions. >> i would have to look at the file and look at this more closely. this is the first time i've seen this. >> reporter: heather later e-mailed us and explained that enforcement action meant it was shut down to fix a sink overflow. >> i agree that there are improvements that can be made in the system. >> reporter: and improvements are being made. after our report aired, the county updated its website to show if a restaurant has been closed. so, it still doesn't say why.

you'd have to pull actual files to find out this denny's in sunnyvale and kobe in santa clara, were closed for roaches. >> there's no way to have the provide available for consumers. >> reporter: he wants the actual inspection report posted on the web and some form of score at the restaurant. 13 years ago, he proposed a scoring system. it was voted down. >> we are a decade later. we will try again. >> reporter: and others have successfully. san francisco has a point system. alameda county, a color system. and los angeles grades restaurants. all require the information be posted. it comes down to protecting the customers. >> i'm not sure everyone realizes how serious an issue this is. >> reporter: records show santa clara county has received more than 300 complaints over the last 5 months for roaches and worms found in the food, along with confirmed cases of salmonella and e. coli.

but few would know that. now, the only thing standing between getting inspections out of the filing cabinet and in front of consumers, three votes. >> the real question is what will three members of our five-member board support when it comes time to make some choices? >> the supervisor says he's reached out to the department of environmental health. he's looking to hear some of their thoughts in the next month. as for the restaurants you saw in this report, we contacted them. all told the inspection report will be available to those who ask to see it. >> thank you very much. if you have a tip for our investigative unit, give us a call at 888-996-tips. or send an e-mail to the unit. our weather, gorgeous. back east, more snow. take a look. another storm is making itself way to the northeast, as people are digging out from the latest storm over the weekend. thousands of homes and businesses across four states are still without power. electricity and heat. many are staying home, staying

off the snowy and dangerous roads. schools will be closed tomorrow in the boston area. >> it makes you feel bad. today, we had so much sunshine. it started to feel like spring. >> i know. a little bit of weather guilt is going on. i tracked the system for the east coast that's coming their way this week. here's the good news. it doesn't look as strong. but they may still have a bit of flight delays as they're catching up. back here across the bay area, a lot of sunshine. winds out of the north-northwest. 10 to 15 miles per hour. that's going to be responsible, not only for more sunshine for tomorrow, but also for some of the cold temperatures. it is clear and it is very dry. dew points are extremely low. and the numbers are dropping into the 30s in napa, novato. also into fair field. livermore, at 37. we have widespread 40s for the east bay. where are the winds? livermore, that's where the wind is the coldest. it's creating friction. let's take you outside our sky camera network on this monday.

almost tuesday, folks. it's clear here in san jose. and also right up into san francisco at this hour. we do have some haze, some fog at the immediate coastline. but as far as widespread inland fog, that's not in the cords for tomorrow. we have a huge dome of high pressure. it's locked in the pacific. it looks like august in september here on the weather pattern. a slight dry, northerly wind. not any kind of big-time beach weather. up the immediate coastline, we'll find some mid-50s in the forecast. if you go to the beach, you'll need the layers with you. definitely the jacket. temperatures in the 60s. going to be two hitches in the forecast. the first will come with our air quality, going to moderate levels tomorrow, in the north, central and for the south bay, with relatively still conditions in the atmosphere. the other thing, if you're not a fan of the cold weather, maybe you want to sleep in for

tomorrow. if you can. 34 in santa rosa. 35 in napa. also, 33 in livermore. you'll do some scrapes on the windshields, back of the east bay and for the north bay. that's where we'll see the numbers going the coldest. as for tuesday, a huge surge in numbers. here's the great thing about the bay area and our microclimate. a 30-degree jump in temperatures. 61 in dublin. 61 in the castro valley. not as warm for the east bay. but the north bay, 66 in santa rosa. it's going to stay dry in the three-day forecast, all the way through thursday, even for this upcoming weekend. nothing in the way of rainfall. but by monday of next week, it clouds up. and by tuesday, a look ahead to some of the supersecret weather models. it does look like we may get some rainfall by next tuesday. right now, on track for the driest ever january and february since climate records have started for a good section of

the bay area. did you say supersecret? >> i'll show you some time. coming up, a former niner who ignited controversy during super bowl week is trying to change perception of him. and the race to raise millions of dollars for the americas cup. find out why san francisco is scrambling for cash.

the america's cup is still months away. but the race is on in san francisco. the race to raise millions of dollars in private donations. >> which is no easy task. organizers have collected $14 million so far. that's less than half of what they need to host the race. if city leaders don't get the money in time, taxpayers could foot the rest of the bill. only four teams have entered the race instead of the expected 12 teams. back in a moment with sports.

good evening. i'm dave feldman in our comcast sports net studios. did baseball just end? or is it just beginning? the answer is yes. pitchers and catchers reported today. >> as the a's reported to their first day of spring training, they were greeted by rain showers. but they didn't let that dampen the spirits. and the als champions are ready to get back on the field and pick up where they left off. >> it's exciting to see your friends and your co-workers again for the first time. it's a lot of fun. >> a little different than last year. we wouldn't allow them to wear jackets or pullovers to see a number or a name. not the case this year. >> after making a name for themselves in 2012, the a's players have an added incentive this spring, as they take the field ready to defend their a.l.

west title. >> we swept the rangers. next thing you know, we're in the playoffs. it's better that way. >> showed the things we're capable of. that little bit, we can take that into this year. it's going to be an exciting full season. not just the ten games. >> and the major difference i noticed from report day this year from last year, was the energy in the clubhouse. last year, it was silent. the players didn't know each other. they weren't talking. this year, there was a swagger that comes with making it to the playoffs. the music was up. and the song playing, "move it like bernie." 49ers cornerback chris culver had a rough super bowl week. he made insensitive comments on media day and did not play well in the big game. this afternoon, he began giving back to the community, by visiting with sick children at

the ronald mcdonald house in palo alto. >> it's going to be more to continue. if it's a project like this or anything. i've been dealing with this project for two months now. i became anxious to see him and hear about the battles he went through. to see him out here today, he had a big smile on his face. and he loves to be out. today was his first day coming outside. and i don't want to start crying. sharks trying to end their four-game skid. they face the blue jackets. brand brandon dubinsky finds the back of the net. slaps it in. 4-1, blue jackets. sharked play good defense. they allow two more goals. they lose 6-2. sharks now winless in their last

five. >> who scored that goal for columbus again? >> raj mathai. >> great answer. thank you. we're back in a moment.

tomorrow's forecast in new orleans. one big party and rain. despite that, the big easy spent the day gearing up for mardi gras. the tourists didn't seem to find. they were in the spirit. trying to catch beads on bourbon street. people will party on fat tuesday. this time, it will be with wet t-shirts. >> so, different? >> not that much. >> thanks for watching.

>> announcer: it's "the tonight show with jay leno," featuring rickey minor and "the tonight show" band. tonight, jay welcomes -- from "lincoln" james spader. mentalist lior suchard. the music of far east movement. and lmfao's redfoo at the grammys. and now, jay leno! [ cheers and applause ] captions paid for by nbc-universal television captions by vitac www.vitac.com ♪ [ cheers and applause ]

>> jay: thank you very much! welcome to "the tonight show." well, folks. thank you, thank you! the grammy results are in, and the score is katy perry cleavage -- one, cbs censors -- zero! zero! [ laughter ] well, as you may have heard, cbs asked the performers at the grammys last night to adhere to strict a dress code of no gratuitous displays of flesh. that's what they said. well, sure, after all, this is a network of wholesome family programming like the -- what's that? prance around in your underpants victoria's secret special. yeah, you know. [ laughter ] oh, and talk about hypocritical. cbs -- this is another thing they said -- they didn't want anyone to emphasize their genitals. [ light laughter ] did you see what they did during wiz khalifa's performance?